VIC being demoted without reason

Discussion in 'Employment Law Forum' started by Kenmts, 4 July 2018.

  1. Kenmts

    Kenmts Member

    Joined:
    4 July 2018
    Messages:
    2
    Likes Received:
    0
    Hi guys,
    I have a problem that need your opinions whether my co's broken law.
    I'm currently working in a company as one of supervisor in my department - I was few month back (there were 4 supervisors including myself), Few months back company announced a restructure, where it clearly said (with diagram and information) that no supervisors position would be available anymore, everyone need to re-apply for position if they wanted to stay. As supervisor position was to be scrapped, I applied for 'regular' worker position. Later they announced the result for those who company chose to say, they told me that I've been chosen to work as 'regular' worker only , that's fine until I found out that all other 3 supervisor got to keep their position and facilities. I am the only one that lost my supervisor role. I feel cheated cause the initial structure clearly said there was no more supervisor position, the reason I didn't apply for one, yet final structure has 3 supervisor positions. I have suspicion that there were negotiation behind door.. I have never had any issue, behaviour problem, when I asked they also can't give any reason. Any advice is appreciated.
     
  2. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,010
    Likes Received:
    835
    What do you want to happen? Job back or redundancy?

    Are you also on less pay?

    If they have abolished a supervisor's position you can't get it back, but you may be entitled to a redundancy. How long ago did this change occur?
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. Kenmts

    Kenmts Member

    Joined:
    4 July 2018
    Messages:
    2
    Likes Received:
    0
    I want my position back, not redundancy, they did say that my pay stay the same for one year then'll be adjusted meaning less pay. I don't have any issue if they have abolished supervisor level position, my issue is I'm the only supervisor that lost the position without reason and initially they'were telling us that supervisor level position would be abolished which was the reason I didn't reapply for the same position. I feel that I was tricked not to reapply for supervisor position to justify their excuse that I no longer wanted that position.
     
  4. Rod

    Rod Lawyer
    LawTap Verified

    Joined:
    27 May 2014
    Messages:
    6,010
    Likes Received:
    835
    Hmm, this is a tough one to answer without a lot more detail that is probably not appropriate for a forum. I don't like your chances of getting your job back but if you want to continue trying join a union or see a lawyer.

    You'd likely qualify for an unfair dismissal/redundancy claim but that is not what you want so I'd get some advice that is specific to your circumstances.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  5. Clancy

    Clancy Well-Known Member

    Joined:
    6 April 2016
    Messages:
    973
    Likes Received:
    66
    Legally it becomes tricky for them once they do move to reduce your pay. Because, legally, they need you to agree to take that pay reduction. Unless its done according to arrangements of a contract that you already signed?
     
  6. DMLegal

    DMLegal Well-Known Member

    Joined:
    28 May 2018
    Messages:
    187
    Likes Received:
    32
    You need to split up the events - (1) did you resign from your original position and if so did you resign properly (such as notice etc.) (2) Did you formally apply for the new role and if so, did you sign a new contract?. Did they give a reason why the other staff did not need to resign or change position? Are they likely to lose their jobs in the near future?
     
    Roxanna likes this.
Loading...

Share This Page

Loading...
gt;